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New Jersey Questions & Answers
1 Answer | Asked in DUI / DWI for New Jersey on
Q: In New Jersey has the court made a final decision that DRE evidence is admissible in DUI cases?

Can DRE testimony be used in a municipal or state court cases in the state of NJ?

James A. Abate
James A. Abate answered on Apr 2, 2021

The special master decided that a Frye hearing is required to determine if DRE evidence is generally accepted. The Supreme Court approved of this, but did not issue a stay on DRE cases. Each municipal court is free to do what they please.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Booklet that I have from my realtor that you pay only half of the NJ realty transfer fee if you are low to mod. Income?
Morris Leo Greb
Morris Leo Greb answered on Apr 2, 2021

There are specified exemptions provided in the NJ Realty Transfer Tax.

NJ Division of Taxation - NJ Realty Transfer Fees - NJ.gov

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My stepfather has property in Puerto Rico and he's looking to sell, what are the first steps we need to take. I live US

We live in the United States, in the state of New Jersey. We need an attorney who can represent my dad in the closing of the house and he also needs to get copies of the deed from the house. I have a power of attorney letter in the state of New Jersey and would like to know if it's valid in... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 2, 2021

Call the NJ Bar Association and request the names of several NJ attorneys who are also admitted to the bar of Puerto Rico.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ how long does a spouse have to file for elective shares?

My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of... Read more »

2 Answers | Asked in Immigration Law for New Jersey on
Q: N 400 Naturalization Interview

Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2021

You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.

Once you confirm that your marriage is in fact valid and lawful then you can present that information at...
Read more »

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1 Answer | Asked in Consumer Law, Criminal Law, Banking and International Law for New Jersey on
Q: I would like to sue Binance for stealing from me, and am in need of legal assistance

Binance has over 300k in stolen assets, and refuses to return it or cooperate with investigation, and also locked my account.

Hassan Hussein Elkhalil
Hassan Hussein Elkhalil answered on Mar 30, 2021

File a police report for the stolen assets.

1 Answer | Asked in Probate for New Jersey on
Q: When calculating executor commission, do you count only probate assets or also non probate assets with designated benef?
Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

Tricky question. The key phrase if you dig into the law is "taken in by the executor." A non-probate asset may end up in the executor's hands. So a non-probate asset designated in a poor way may have to be probated. (Example: 401k beneficiary names a dead sibling. No secondary... Read more »

3 Answers | Asked in Divorce for New Jersey on
Q: Interstate: California has Jurisdiction over divorce, filed first there. NJ just issued a dissolution. Where do I start?

I filed first in California 8/14/17. He filed in NJ in June 2020. NJ has jurisdiction over division of assets and custody but CA retained jurisdiction over status of divorce. He would not agree to settlement, so we had not moved forward with divorce. Judge issued dissolution without ordering us to... Read more »

Michael K McFadden
Michael K McFadden answered on Mar 29, 2021

A resident of New Jersey can file a divorce complaint in New Jersey. The only requirement is that the Plaintiff was a bona fide resident of the State of New Jersey for more than one year. Both New Jersey and California are signatories to the Uniform Child Custody Jurisdiction and Enforcement Act... Read more »

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3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 29, 2021

If you are a personal guarantor, any judgment against you could attach to your home. So, if you file for bankruptcy first, buying a house would most likely be more difficult, but if you buy a home are sued, and the other side wins it could attach to your home as a lien.

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2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... Read more »

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1 Answer | Asked in Criminal Law and Employment Law for New Jersey on
Q: can a person work In a Delaware school district If they have a felony but the felony is not against a child.

but the person only received one year probation no jail time. and was told it could be expunged in 5 years they were charged in 2018. and finish their probation in 2019.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

Whether a person can work in a Delaware school district is a question for someone familiar with Delaware law, but in terms of expungement, if the offense is eligible for expungement under all of the other variables, the 5 year waiting period begins at the completion of probation.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
Richard Diamond
Richard Diamond answered on Mar 29, 2021

Start off by writing him through email or text, telling him that you feel that he is not honoring the terms of the civil restraining order and that if he violates it again, you will be forced to file a new domestic violence complaint against him and you will use his ongoing violations of the civil... Read more »

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2 Answers | Asked in Family Law and Social Security for New Jersey on
Q: Can my parents kick me out at 17 if I have aspergers and they use me for income

I’m 17

Richard Diamond
Richard Diamond answered on Mar 29, 2021

Obviously there are serious problems / conflict in your house that needs to be addressed. I would run an internet search on family crisis intervention programs in the county where you live in to find out what mental health services are available to you to help in dealing with the fight taking place... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Albeit both being bad what is worse certain persons offense or NERA offense?

As far as expungement goes.

Amber Forrester
Amber Forrester answered on Mar 29, 2021

The No Early Release Act is a an entire category of offenses and many of the crimes on the NERA list are completely ineligible for an expungement, so it depends on which offense. That said, a person can only have one indictable conviction expunged, so a conviction for a 2nd degree Certain Persons... Read more »

1 Answer | Asked in Employment Law and Social Security for New Jersey on
Q: Should I be concerned I am being discriminated against for being on disability

I am on Social Security Disability and I applied for a job at a local grocery store. I revealed this fact to the interviewer when I was called. I explained I could only work 19 hours due to Social Security. They said they for people who could work between 10-24 hours but they preferred 24 hours. So... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 28, 2021

They likely didn’t want to have to worry about how they scheduled you and might have been concerned about a possible worker’s comp claim. You’d likely have a hard time proving the didn’t hire you just because you are disabled.

However I’m concerned that you think there is a...
Read more »

3 Answers | Asked in Criminal Law for New Jersey on
Q: if you already won an appeal is it a bad sign that supreme court will be hearing it? Prosecutor has appealed to them. I

This is nj appellate division. Ruled in favor of inmate.

Is it a bad sign that the higher court sees a problem with the decision and want to rule against appellate court. He won first part of appeal and hoped he would soon be released. But now worried about supreme court

James A. Abate
James A. Abate answered on Mar 26, 2021

I means that the case you won on appeal is being appealed to a higher court.

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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: If a springing general durable power of attorney and a general durable power of attorney were signed at the same time.

Which poa should be followed

Richard Diamond
Richard Diamond answered on Mar 25, 2021

A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is this rent increase of 7.8% legal according to NJ Law? To whom do I address first to stop it before 5/1/21 deadline

My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 24, 2021

The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,

4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Derek John Soltis
Derek John Soltis answered on Mar 24, 2021

She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Am I suppose to get paid for time of if exposed to covid 19 ?

if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 23, 2021

The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.

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